Epitracker & Seraphina v. Agoura Health & Gundry: C15 Fatty Acid Patent Settled
Epitracker, Inc. and Seraphina Therapeutics, Inc. brought a patent infringement action against Agoura Health Products LLC and Dr. Steven Gundry in California’s Central District over US11116740B2, a patent covering pentadecanoic acid (C15:0) supplement compositions. The parties reached a settlement in principle after 436 days of litigation, with a formal agreement in progress as of late 2024.
C15 fatty acid IP dispute ends in settlement after litigation stay
Filed on 18 October 2023 in the U.S. District Court for the Central District of California, this infringement action was brought by Epitracker, Inc. and Seraphina Therapeutics, Inc. against Agoura Health Products LLC and its co-founder Dr. Steven R. Gundry. The plaintiffs asserted US11116740B2, a patent directed to pentadecanoic acid (C15:0) compositions, against Agoura Health’s NutraAssure™ Pentadecanoic Acid [C15] 50 mg product — placing a prominent wellness brand and a named physician-entrepreneur directly in the crosshairs of a specialist biotech’s IP portfolio.
The case was subject to a stay at some point during proceedings — consistent with a parallel inter partes review or co-pending administrative challenge — before the Court vacated that stay on 15 November 2024. Within weeks, the parties notified the Court they had reached a settlement in principle, requesting the scheduled January 2025 conference be taken off calendar. The case was formally closed on 27 December 2024. Settlement terms remain confidential and no judgment on the merits was entered.
At 436 days, the timeline is notably longer than many cases that settle before claim construction, suggesting the stay accounted for a substantial portion of elapsed time rather than protracted district court motion practice. The intervening stay — and its subsequent vacation — likely shaped settlement leverage significantly. What drove final resolution, and whether any licensing, royalty, or product modification terms were included, is not discernible from the public record.
Filing to Case Settled in 436 days
436 days — above the ~300-day median for settled C.D. Cal. patent cases
Case settled in principle: what the resolution means for both parties
Settlement in principle — merits never adjudicated
A settlement in principle means the parties have reached a binding agreement in substance but have not yet executed a formal written contract. No court judgment was entered on infringement or validity. The public record does not disclose financial terms, licensing arrangements, or product restrictions. The case was closed on 27 December 2024, consistent with the docket reflecting the settlement notification filed ahead of the January 2025 deadline.
No merits rulingPatentees avoided validity risk while preserving enforcement signal
Epitracker and Seraphina secured a resolution without subjecting US11116740B2 to a full claim construction or invalidity ruling. If the case was stayed pending an IPR or CBM proceeding, settling after the stay was vacated suggests the patent survived or the challenge resolved favourably enough to restore plaintiff leverage. The settlement preserves the patent’s enforceability and signals continued willingness to assert C15:0 IP against competitors.
Patent survives unchallengedAgoura and Gundry exit litigation with terms undisclosed
Agoura Health and Dr. Gundry avoided a potentially adverse infringement ruling, but settlement does not constitute a finding of non-infringement. Any product design-around, licensing obligation, or financial payment made to plaintiffs remains confidential. The settlement closes this case but does not prevent the plaintiffs from asserting the same patent against other Agoura products or future C15:0 supplement lines if terms are breached.
No non-infringement findingC15:0 supplement sector faces growing patent enforcement risk
This case reinforces that Epitracker and Seraphina are active enforcers of their C15:0 patent portfolio. Companies marketing pentadecanoic acid or odd-chain fatty acid supplements — a fast-growing nutraceutical category — should treat US11116740B2 as a live enforcement risk. The combination of a named physician-entrepreneur as a defendant adds reputational dimension to future enforcement actions in the direct-to-consumer wellness market.
Active enforcement postureFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Epitracker, Inc. | Company | Biotech/nutraceutical IP licensor — holder of US11116740B2 (C15:0 fatty acid compositions)Search in Eureka ↗ |
| Co-Plaintiff | Seraphina Therapeutics, Inc. | Company | Search in Eureka ↗ |
| Defendant | Agoura Health Products LLC | Company | Agoura Health Products LLC and Dr. Steven Gundry — wellness supplement brand and co-founderSearch in Eureka ↗ |
| Co-Defendant | Steven R. Gundry | Individual | Search in Eureka ↗ |
| Plaintiff counsel | Clinton W. Morrison | Attorney | Counsel for Epitracker, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Jeffrey S. Ginsberg | Attorney | Counsel for Epitracker, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Kim S Zeldin | Attorney | Counsel for Epitracker, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Lauren M. Doxey | Attorney | Counsel for Epitracker, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Mark A. Neubauer | Attorney | Counsel for Epitracker, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Carlton Fields, LLP | Law Firm | Representing Epitracker, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Patterson Belknap Webb & Tyler LLP | Law Firm | Representing Epitracker, Inc.Search in Eureka ↗ |
| Defendant counsel | Josephine A. Brosas | Attorney | Counsel for Agoura Health Products LLCSearch in Eureka ↗ |
| Defendant counsel | Jura Christine Zibas | Attorney | Counsel for Agoura Health Products LLCSearch in Eureka ↗ |
| Defendant counsel | Marty B Ready | Attorney | Counsel for Agoura Health Products LLCSearch in Eureka ↗ |
| Defendant counsel | Peter Ko Chu | Attorney | Counsel for Agoura Health Products LLCSearch in Eureka ↗ |
| Defendant law firm | Lewis Brisbois Bisgaard & Smith LLP | Law Firm | Representing Agoura Health Products LLCSearch in Eureka ↗ |
| Defendant law firm | Wilson Elser Moskowitz Edelman And Dicker, LLP | Law Firm | Representing Agoura Health Products LLCSearch in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | California Central District CourtSearch in Eureka ↗ |
Official order — verbatim text
The docket record reflects no merits verdict. The operative filing shows the parties notified the court of a settlement in principle following vacation of the litigation stay, requesting the scheduling conference be removed from calendar. This procedural posture — settlement reported before any claim construction order or dispositive ruling — means neither infringement nor invalidity of US11116740B2 was adjudicated. The patent’s scope remains legally untested by this proceeding.
US11116740B2 — Pentadecanoic acid (C15:0) dietary supplement compositions
US11116740B2 (filed as application 16/534,382) covers compositions comprising pentadecanoic acid — a saturated odd-chain fatty acid also designated C15:0 — formulated for dietary supplement use. Pentadecanoic acid has attracted significant research interest for its purported roles in metabolic health, mitochondrial function, and cellular integrity. The patent’s claims likely encompass specific formulations, dosages, and methods of administration, making it a foundational IP asset in an emerging nutraceutical category.
C15:0 supplements represent one of the fastest-growing functional nutrition segments, with brands including FA15 (Seraphina’s own commercial product) anchoring the category. US11116740B2 positions Epitracker and Seraphina as the gatekeeper IP holders in this space. Competitors entering the pentadecanoic acid market without a licence face a clearly demonstrated willingness to litigate — evidenced by this action against Agoura’s NutraAssure product and the personal targeting of Dr. Gundry, a high-profile wellness brand figure.
Should you run an FTO against US11116740B2 before selling C15:0 supplements?
Any R&D team formulating pentadecanoic acid, odd-chain fatty acid, or C15:0 dietary supplements for commercial launch should treat US11116740B2 as a blocking patent until proven otherwise. The Epitracker v. Agoura Health case demonstrates that the patent holders actively monitor the market and are prepared to name individual company principals — not just corporate entities — as defendants. This elevates both the legal and reputational cost of infringing without a prior clearance.
PatSnap Eureka’s FTO Search Agent can map the claim scope of US11116740B2 against your product formulation, identify relevant prior art that may narrow the patent’s reach, and surface any continuation or divisional applications that extend the family’s coverage. Use Eureka to build a defensible clearance opinion before entering the C15:0 supplement market or expanding an existing product line.
Run a freedom-to-operate analysis on US11116740B2 to assess your product’s exposure
Run FTO in Eureka →Similar C15 fatty acid and nutraceutical patent cases in C.D. California
Explore related patent infringement actions involving dietary supplement compositions and functional nutrition patents filed in the Central District of California.
What this case signals for the C15 fatty acid supplement IP landscape
Epitracker’s willingness to pursue a high-profile defendant signals this patent portfolio will be actively enforced across the C15:0 nutraceutical market.
US11116740B2 is an active enforcement asset — map your exposure now
Any company selling pentadecanoic acid, C15:0, or odd-chain fatty acid supplements should conduct a freedom-to-operate analysis against US11116740B2 before launch or scale-up. The settlement here — without a non-infringement or invalidity ruling — leaves the patent fully enforceable and signals the plaintiffs will pursue infringers.
Stay history suggests a parallel IPR or validity challenge was filed
The court-ordered stay and subsequent vacation is consistent with a parallel USPTO proceeding such as an IPR. Patent challengers in the C15:0 space should investigate whether prior art or validity arguments were raised and how they resolved, as this shapes the strength of US11116740B2 going forward.
Epitracker v Agoura — key questions answered
The asserted patent is US11116740B2 (application no. 16/534,382), covering pentadecanoic acid (C15:0) dietary supplement compositions. It was asserted against Agoura Health’s NutraAssure™ Pentadecanoic Acid [C15] 50 mg product.
The case settled. On 27 December 2024, after 436 days of litigation, the parties notified the Central District of California court that they had reached a settlement in principle. No merits judgment — on infringement or validity — was entered. Settlement terms were not disclosed publicly.
The public record notes the court vacated a stay of proceedings on 15 November 2024. The basis for the original stay is not specified in the available docket data, but stays in patent cases commonly arise from parallel USPTO proceedings such as inter partes review. After the stay was vacated, the parties rapidly moved toward settlement, which was announced within weeks.
Dr. Steven R. Gundry was named as a co-defendant alongside Agoura Health Products LLC. The case settled without a merits ruling, so no finding of personal liability was made. His naming as an individual defendant is consistent with plaintiff strategy to assert claims against controlling individuals of smaller corporate defendants in IP disputes.
No. A settlement without a merits ruling leaves US11116740B2 fully enforceable. The patent was not invalidated, and no non-infringement finding was entered. Epitracker and Seraphina Therapeutics retain the right to assert the patent against other parties in the C15:0 supplement market.
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